Elizabeth Lucas v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2025)

On October 2, 2019, petitioner Elizabeth Lucas filed a petition alleging that a Tdap vaccination administered on July 11, 2018, caused a right shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA). Petitioner, a 52-year-old adult, had a pre-existing history of right shoulder pain and dysfunction dating back to 2015, including a rotator cuff tear and cervical spine issues.

Following the vaccination, she alleged a significant aggravation of her pre-existing condition, leading to increased pain and new onset of bursitis, necessitating further medical evaluation and treatment, including two shoulder surgeries. The respondent, the Secretary of Health and Human Services, argued that her condition was a continuation of prior pathology and not vaccine-related.

Special Master Daniel T. Horner considered the case based on the written record, without an entitlement hearing.

The Special Master found that while petitioner did not meet the criteria for a Table SIRVA, her Tdap vaccination significantly aggravated her pre-existing right shoulder condition. The decision noted that the petitioner's pre-vaccination condition included a history of right shoulder pain, rotator cuff dysfunction, and cervical spine issues, with her condition deemed permanent and at maximum medical improvement shortly before the vaccination.

Post-vaccination, the medical records indicated new onset of bursitis and a progression of her pre-existing condition, leading to increased pain and the need for surgical intervention, which had not been anticipated prior to vaccination. The Special Master concluded that the vaccine likely induced painful subacromial/subdeltoid bursitis, which significantly aggravated her pre-existing shoulder pathology.

Petitioner is entitled to compensation, and a separate order for damages will be issued. Petitioner was represented by Courtney Christine Jorgenson of Siri & Glimstad, LLP, and respondent was represented by Rachelle Bishop of the U.S.

Department of Justice.